Johanna's practice involves representing and counseling management clients in a wide range of complex employment matters, including claims of discrimination, harassment, and retaliation brought under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) and comparable state law, and matters involving noncompetition agreements and trade secrets.
Johanna also regularly represents management clients in employee benefits litigation, with extensive experience defending claims related to retiree medical benefits brought under the Labor Management Relations Act (LMRA) and the Employee Retirement Income Security Act (ERISA). She practices in state and federal courts and before administrative agencies. Her litigation experience ranges from single plaintiff cases to large class actions.
Johanna also routinely provides day-to-day counseling regarding employment-related matters and compliance issues, such as personnel management, employment policies and handbooks, discipline issues, investigations, severance and release agreements, and corporate reorganizations and reductions in force.
Johanna is a member of the Ohio State Bar Association, the Cleveland Metropolitan Bar Association (Labor and Employment Section), and the John M. Manos Inn of Court.
Representative Experience
- Represented Shearer’s Foods, LLC in matters including conducting #metoo Sexual Harassment and union avoidance trainings at five facilities, OSHA investigations in Ohio and Iowa, a discrimination lawsuit in Oregon, a business defamation claim in Nevada, a class action in Ohio and a wrongful death claim against four supervisors in Iowa state court arising out of the same incident.
- Represented Shearer’s Foods, LLC in putative nationwide collection action pursuant to the Fair Labor Standards Act (FLSA) and Rule 23 class action pursuant to the Ohio Minimum Fair Wage Standards Act. Plaintiffs alleged that they were not paid for pre-shift off-the-clock and rest breaks. Benesch prevailed on a motion and was able to avoid precertification of the class which resulted in negotiating a nuisance value settlement as to the individual plaintiffs, and the entire case was voluntarily dismissed.
- Represented LeafFilter North, LLC in matters including negotiating a favorable settlement in a representative action brought under the California Attorney General Act (“PAGA”). Plantiffs alleged they were misclassified and should have been treated as employees. The settlement combined what were two separate cases and encompassed both wage and hour class action claims as well as alleged PAGA penalties.
- Represented the buyer in its acquisition of a manufacturer and distributor of piston sealing, retaining and snap rings.
- Represented Gridiron Capital Partners in its initial platform acquisition of Jacent Strategic Merchandising, a provider of strategic impulse, in-line and check stand, merchandising products and solutions to retailers.
